Countdown to Extinction: Are these the final days of the NLRB “Joint Employer” standard?

Earlier this month, a bipartisan majority of the U.S. House of Representatives voted to enact the Save Local Business Act ("SLBA"), which would amend the National Labor Relations Act and the Fair Labor Standards Act by providing a more limited definition of "joint employer" liability. If passed by the Senate, the SLBA will roll back... Continue Reading →

Expanding Your Brand? Who should you include in your circle of trust?

Over the past several years, I have worked with a number of businesses looking to expand, whether through organic internal growth, franchising, joint ventures, or other avenues. I could spend days and several posts writing on the various options available and how to determine which model is best suited for your particular business (and in... Continue Reading →

FTC Power Grab? Legal Battle to Decide Blame for Cyber Attacks.

Following a series of cyber "hacks" of computer systems at Wyndham Worldwide Corporation, the FTC launched a legal battle against Wyndham and several of its subsidiaries which essentially seeks to hold Wyndham (not the actual hackers) responsible for the data breaches. In a series of crafty wordsmanship and hypothetical comparisons, Wyndham claimed in court papers... Continue Reading →

Back Off…That’s My Trade Dress!

Franchise systems, like businesses in general, no doubt recognize that today‚Äôs ever-increasingly competitive marketplace means taking those extra steps to ensure brand recognition. For retail businesses, this translates into creating familiar impressions which pass the drive-by-look test. In other words, will the typical consumer driving or walking down the street see a storefront and recognize... Continue Reading →

Texas Legislature to Consider Uniform Trade Secrets Act

Texas is one of only four states which have not adopted the Uniform Trade Secrets Act. Indeed, the state of Texas actually has no body of law specifically focused on trade secrets; leaving considerations and evaluations of proprietary information and its use or misuse to an amalgamation of common law and other related but decentralized... Continue Reading →

Brand Destruction is Only a Hack or Missed Opportunity Away

Most folks involved in the retail goods and services segment understand that social media has become an absolute MUST and not something to be ignored. Like it or not, understand it or not, get it or not, social media is a reality which companies simply must address. But claiming a social media presence no longer... Continue Reading →

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